TMI Blog2002 (12) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed. 4. That the order is bad in law and on facts. In the present case, the assessee had preferred an application under section 12A(a) of the Income-tax Act, 1961, in the prescribed pro forma, i.e., Form No. 10A, on January 15, 2002. The learned Commissioner of Income-tax-I, observed that the application preferred by the assessee was defective inasmuch as the trust deed filed with the application was neither registered with the Registrar of Societies nor it was registered with the Registrar of Documents. The learned Commissioner of Income-tax required the assessee to remove the defects. In response to the above, the assessee submitted that the registration of document was not necessary and further that the trust fulfilled all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dumb, orphans, widows as the trustees shall in their absolute discretion think fit from time to time. (e) To contribute or donate to children s home run by any charitable institutions. (f) To open and/or to run, maintain homes for the elders, widows, orphanages, etc. (g) The trustees may set apart or accumulate the whole or any part of its income, including donations received from the public to be used for carrying out the objects of the trust at a later date and may subsequently utilise the same for such purposes. (h) Any donations received from the public with specific directions that it shall form part of the corpus of the trust shall not be spent by the trustees, for any other purpose and shall be credited to the special trust f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income-tax Act, 1961, which states as under : 12A. The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely :(a) the person in receipt of the income has made an application for registration of the trust or institution in the prescribed form and in the prescribed manner to the Chief Commissioner or Commissioner before the 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, whichever is later and such trust or institution is registered under section 12AA : Provided that where an application for registration of the trust or institu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titution shall be made in duplicate in Form No.10A and shall be accompanied by the following documents, namely :- (a) where the trust is created, or the institution is established, under an instrument, the instrument in original, together with one copy thereof, and where the trust is created, or the institution is established, otherwise than under an instrument, the document evidencing the creation of the trust or the establishment of the institution, together with one copy thereof : Provided that if the instrument or document in original cannot conveniently be produced, it shall be open to the Chief Commissioner or Commissioner to accept a certified copy in lieu of the original. (b) where the trust or institution has been in existence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the documents evidencing the creation of the trust was filed along with Form No. 10A. However, the learned Commissioner of Income-tax has not doubted the objects of the assessee s trust but the only objection of the Commissioner of Income-tax for not granting registration was that the trust deed was not registered either with the Registrar of Societies or with the Registrar of Documents. In view of the clear provisions of law referred to above, we are of the considered view that for refusing registration under section 12A of the Incometax act, it cannot be a ground that the trust is not registered with the Registrar of Societies or with the Registrar of Documents. While taking such a view, we are fortified by the decision of the Allaha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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